Discovery In Criminal Cases
Traditionally, discovery in criminal cases was a one-way proposition: the prosecutor had a duty to disclose evidence to the defense, but the defense had no duty to reciprocate. That dynamic changed with Proposition 115.
Proposition 115, narrowly approved by voters on June 5, 1990, made reciprocal discovery the rule in California criminal cases. While the law may not mean much in many misdemeanors and low-level felonies, the discovery rules can mean quite a bit for Los Angeles criminal defense attorneys in larger cases.
Types of discovery
Just as in a civil case, there are a number of discovery devices available to learn more information about the other side’s case and avoid “trial by ambush:”
- Interrogatories: These questions are propounded to the prosecutor by the defense, or vice versa, and must be answered truthfully under oath.
- Depositions: Each side may want to depose the fact witnesses in a case, including both the lay witnesses and peace officers, as well as any expert witnesses.
- Document requests: Document requests work a bit differently in criminal cases. The parties may exchange requests and, in addition, the prosecutor has a duty to turn over other evidence, whether it is requested or not.
Discovery is so important in criminal cases because it very often helps to level the playing field. The prosecutor is at a tremendous advantage in terms of the resources available to prosecute the case. Make no mistake: the prosecutor wants to convict you, not to see that “justice” is done.
At the Law Offices of Arash Hashemi, we provide clients with passionate and experienced representation. If you have been charged with a crime and would like to schedule an initial consultation with a lawyer at our firm, contact us by phone at (310) 448-1529 or contact us online. We promptly return phone calls and emails. Our office is conveniently located in the Westside Towers in West Los Angeles, within minutes of Santa Monica, Beverly Hills, and Westwood. We have flexible and weekend office hours, and we will visit you in jail to discuss your case.
